Set Aside Form Without Prejudice

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download

Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;
2. the presence of material issues of fact;
3. the presence of a meritorious defense to the claim;
4. the significance of the interests at stake, including, but not limited to, the amount of money involved;
5. whether the failure to answer was intentional or willful or the result of conscious indifference;
6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.

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FAQ

Typically, it takes about 3 to 4 months to expunge an Arizona record. We will file your petition as quickly as we can, but the timeframe can vary depending on the specifics of your case, including how long ago your case was and whether the DA objects to the set aside.

For the first time ever, Arizona now has an expungement law that will seal your old criminal record. This means that if you file a Motion to Seal your record, and the Court grants it, you can then state that you have never been convicted or arrested for a crime in Arizona.

When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.

As a result of Arizona's strict sentencing laws, most misdemeanor and felony convictions will remain on your record until you turn 99. The state does allow for the courts to set aside qualifying offenses, but this only means that they are not in effect ? it doesn't remove them from your criminal record.

First, a motion must be filed with the court requesting the set aside. It could take several weeks to complete the petition and gather the required documentation to submit to the court. After filing a motion for expungement, it could take three or more months for the court to rule on the motion.

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Set Aside Form Without Prejudice